In case Kingsoft v. Zhou Hongyi (of Qihoo 360), the first decision indicates that the limits and duty of care with respect to Zhou Hongyi’s weibo freedom of speech ‘should consider whether it touches on a matter of the public interest and therefore is protected’. Furthermore, the court indicated that “微博为实现宪法所保障的公民言论自由提供了一个平台”(Weibo provides a flat for protecting the free speech for the citizens by Constitution Law). However, both of two sayings above, in my view, are conflicting with China Legal System.
First, in China legal system, and of the case involves public interests should be against by the government or the majority of the public interest. However, in case Kingsoft v. Zhou Hongyi, the dispute is raised between two parties and the intention is to harm the other party’s reputation.
Second, in China legal system, according to the Article 67 of Constitution Law of People’s Republic of China, ‘The Standing Committee of the National People’s Congress exercises the following functions and powers: (1) To interpret the Constitution and supervise its enforcement’. However, in the decision of case Kingsoft v. Zhou Hongyi, the sentence ‘Weibo provides a flat for protecting the free speech for the citizens by Constitution Law’ is a sort of interpretation of Constitution Law. As a result, such decision is, to some extent, violate the Constitution Law.